DA to Parkland High students: Delete cell phone porn ... or else

Investigators have launched a child pornography probe of Parkland High School students after sexual images of underage girls were sent to dozens of their classmates via cell phone.

Lehigh County prosecutors have warned about 40 students to turn over their phones so the photos and videos can be erased. District Attorney James Martin said none of the students who received the images will be prosecuted if they comply by Tuesday.

Criminal charges still might be filed over the making and distribution of the images.

"The law's been broken," Martin said. "We're trying to right a situation [so] there's no further publication of child pornography."

He declined to say how officials found out about the photos, but said an investigation started about two weeks ago.

The images are of a girl engaging in a sex act with a boy and of a different girl who is naked, Martin said. The girls have been identified as Parkland High School students, but investigators are still trying to figure out who the boy is.

Officials do not believe the photos were taken on school property.

Martin said he believes the students knew pictures were being taken of them, but he declined to say whether they sent the images to their classmates.

Parkland Superintendent Louise Donohue said the school district is cooperating with investigators.

She declined to say whether the school is disciplining any students on its own, citing confidentiality rules, but said many students are still learning "a very hard lesson" because of the investigation.

"Technology is available to students that can serve a lot of good," she said, but "I think young people, unfortunately, don't understand some of the dangers that can be involved."

Matthew S. Falk, Lehigh County's chief deputy district attorney, sent a letter dated Jan. 17 to the parents of about 40 students, asking that the students' cell phones be temporarily surrendered.

A state trooper will be at Parkland High today, Friday and Tuesday to inspect the phones and make sure the pornographic images are erased. The phones will be returned to students, and the letter says parents can accompany students who meet with the trooper.

The letter also warns that students found with the images after Tuesday will be "prosecuted to the fullest extent of the law."

Possession of child pornography is a third-degree felony; an adult convicted of such a crime could face up to seven years in prison. Falk's letter says minors convicted of such an offense would not receive such a sentence, but could still face punishment in juvenile court.

Martin said prosecutors are offering students a chance to turn over their cell phones without facing charges because he thinks at least some of them didn't ask for the photos.

Even if some did seek out the pictures, he said, "our objective is to get the child pornography off the cell phones."

The pornography investigation comes as Parkland officials face criticism about another sensitive matter, the treatment of a 16-year-old junior who was forced to transfer schools after he ran nearly naked through the high school's crowded gymnasium.

Roxane Guzie, a mother who complained about the district's treatment of the streaker at a public meeting last week, said she received a letter from the district attorney's office this week because someone sent her son the pornographic pictures.

She said she doubts only a few dozen students received the pictures.

"Why only 40 kids?" she asked. "I'm sure a lot more kids got these than these 40 kids that are being singled out here."

Martin declined to say how officials decided which Parkland students to contact, only that the names came up during their investigation.

Guzie said her son Tony, a high school junior, told her last month that the pornographic images had been forwarded to him, and that he'd deleted them.

She also said she isn't surprised by this new scandal.

"What I hear goes on at high school with boyfriends and girlfriends and things like that -- it's not really what should be going on."

WHAT'S HAPPENING

Two weeks ago: District attorney starts investigation after pornographic photos and videos of underage Parkland High School students are sent to classmates.

Jan. 17: DA sends letters to parents of about 40 students, saying their children may have cell phone copies of images and asking that phones be made available so the images can be deleted.

Today, Friday, Tuesday: A state police officer will be at Parkland to delete the images.

Tuesday: Deadline to have images deleted or face prosecution for possessing child pornography.

Source: Lehigh County district attorney's office

LETTER TO PARENTS

Jan. 17, 2008Parent or Guardian of Student at Parkland High School

Dear Sir or Madam:

It has come to our attention that two students who attend Parkland High School have used the camera in their cell phone to take pictures and videos of themselves while nude and/or while performing sexual acts on another person. These incidents occurred outside the school setting and not on Parkland School District property.

While your child was not directly involved, our investigation reveals that your son or daughter may have or has had these images on their cell phone or handheld device. (We believe your child to be one of 40-odd children who received these images on their cell phone).

Because students who are the subjects in the video are underage, these images fall within the definition of "child pornography" for the purposes of the Pennsylvania Crimes Code. The mere possession of child pornography constitutes a felony of the third degree .

A felony of the third degree is punishable by up to seven years in jail if the defendant is an adult. Your child is a juvenile and would not receive such a sentence. But he or she could be found delinquent and receive punishment as a juvenile.

Our office has an interest, indeed a responsibility, in removing from circulation any images of child pornography. Toward that end, we will have a Pennsylvania state trooper available at Parkland High School, working in conjunction with the Parkland School District, to help remove the images from your child's cell phone and/or handheld device on the following dates: Jan. 24 from 9-11 a.m., Jan. 25 from noon to 2 p.m., and Jan. 29 from 10 a.m. to noon.

Any student who takes advantage of this opportunity (whether the images are on their device or have been deleted) will not be prosecuted for the possession of child pornography. Any student who is found to be in possession of these images or videos after Jan. 29 will be prosecuted, as a juvenile, to the fullest extent of the law.

The state trooper will be available in the principal's office at the above-mentioned times and will examine each cell phone or handheld device and will delete any image of child pornography he finds. The phone will then be returned to your child with no further repercussions.

Please sign the enclosed consent form and have your child bring it when they meet with the state trooper. If you wish, you may accompany your child to this meeting.